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1908 


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•'LEGISLATIVE  REFERENCE  DEPARTMENT 
COMPARATIVE  LEGISLATION  BULLETIN 

No  u 


PRIMARY   ELECTIONS 


THE   TEST   OF   PARTY   AFFILIATION 


MARGARET  A.  SCHAFFNER 


MADISON  WISCONSIN 
DECEMBER  iw8 


PRIMARY  ELECTIONS 


THE  TEST  OF  PARTY  AFFILIATION 


MARGARET  A.  SCHAFFNER 


COMPARATIVE  LEGISLATION  BULLETIN— No.  13— AUGUST.  190S 

Prepared  with  the  cooperation  of  the  Political  Science 
Department  of  the  University  of  Wisconsin 


WISCONSIN  LIBRARY  COMMISSION 

LEGISLATIVE  REFERENCE  DEP'T 

MADISON  Wis 

1908 


CONTEXTS 


PAGE 

REFERENCES 3 

NATURE  OF  THE  TEST 5 

Open  Primary 5 

Closed  Primary 6 

Authority  Prescribing  Test 6 

Voter's  Declaration 7 

Record  of  Declaration 9 

What  Constitutes  a  Reasonable  Test 10 

LAWS  AND  JUDICIAL  DECISIONS 11 

United    States 11 


REFERENCES. 


COMMONS,  JOHN  II.  Address  before  the  National  Conference 
on  Practical  Reform  of  Primary  Elections,  held  in  New 
York  City,  Jan.  20-21,  1898,  Proceedings,  Chicago,  1898, 
p.  18-23. 

Advises  the  use  of  the  blanket  ballot  at  primary  elections  and  ad- 
vocates dispensing  with  all  declarations  or  oaths  of  party  affilia- 
tion, p.  22. 

CRAFTS,  CLAYTON  E.  Primary  laws  should  be  improved.  Pub- 
lic Policy,  July  5,  1902,  vol.7,  no.  1,  p.  14-10. 

Advocates  the  use  of  the  Australian  ballot  at  primary  elections, 
but  provides  that  the  voter  may  vote  only  for  names  on  one  party 
list. 

DEMING,  HORACE  E.  Municipal  nomination    reform.    Publica- 
tions of  the  National  Municipal  League,  1905,  pam.  no.  14. 
(Also  in  Annals  of  the  American  Academy  of  Political  and 
Social  Science,  Mar.  1905,  vol.  25,  p.  20:5-17.) 
Argument  against  the  closed  primary. 

FREVND,  ERNST.  The  police  power:  public  policy  and  consti- 
tutional rights.  Chicago,  1904. 

Considers  fundamental  questions  involved  in  the  right  to  vote  at 
primary  elections,  sec.  483. 

MECHEM,  FLOYD  R.  Constitutional  limitations  on  primary  elec- 
tion legislation.  Publications  of  (he  Michigan  Political 
Science  Association,  Mar.  1905,  vol.  0,  no.  1,  p.  125-49. 

Parts  t>.  ~.  and  8  deal  particularly  with  the  test  of  party  affilia- 
tion. 

MERRIAM,  CHARLES  E.  Some  disputed  points  in  primary  elec- 
tion legislation.  American  Political  Science  Association, 
Proceedings,  1907,  Baltimore,  1908,  p.  179-88. 

A  critical  discussion  of  provisions  relating-  to  the  test  of  party  al- 
legiance. 

METCALF,  RALPH.  Direct  Primary  Legislation:  A  brief  sketch 
of  its  progress  in  the  various  states.  Tacoma,  1907,  pam. 
Presents  arguments  in  favor  of  the  closed  primary,  p.  9-10. 


4  PRIMARY  ELECTIONS 

MEYKU,  KKNST  CHRISTOPHKK.  Nominating  systems:  direct  pri- 
maries versus  conventions  in  the  I'nilcd  States.  Madisou, 
\Vis.  1902., 

Gives  an  admirable  summary  of  arguments  fur  and  against  the 
closed  primary,  in  ch.  <•>.  Who  shall  vote  at  the  primary?  p.  Xto  ~>1. 

KEMSKN.  DANIKI.  S.  Primary  elections:  A  study  of  methods 
for  improving  the  basis  of  partv  orirani/ation.  2nd  ed., 
New  York,  15)05. 

Calls  attention  to  tests  of  party  allegiance  imimsed  liy  party  au- 
thorities, p.  21  and  4!». 

SIMPSON,  DAVID  F.  Direct  primaries  in  Minnesota.  Publica- 
tions of  the  Michigan  Political  Science  Association.  Mar. 
1905,  vol.  <i.  no.  1,  p.  59-07. 

Declares  that  the  exix>rience  of  Minnesota  Allows  that  votei-s 
from  one  political  party  may  vote  the  ticket  of  another  political 
party  in  spite  of  the  fact  that  the  law  provide*  a  rijrid  test  of  party 
allegiance,  p.  t>o  and  IB. 

TUTTLE,  Ai,ox/.o  H.  Limitations  upon  the  power  of  the  legis- 
lature to  control  political  parties  and  their  primaries. 
Michigan  Law  Review,  March.  ]!»<>:;.  vol.  1.  no.  (5,  p. 
466-95. 

Reviews  court  decisions   relating  to  the  test  of  party  allegiance, 

p.  478-80. 

VEKPLANK,  .1.  DKLANCEY.  A  problem  of  primaries.  Annals  of 
the  American  Academy  of  Political  and  Social  Science, 
Nov.  1900,  vol.  28.  no.  :J,  p.  SI  !)l. 

Points  out  the  several  classes  of  voters  who  are  excluded  from 
participating  in  primaries  under  the  test  recniirinir  declaration  of 
past  party  affiliation,  p.  Sti-s. 


NATURE  OF  THE  TEST 


Primary  election-  laws  deal  with  the  question  of 
party  allegiance  from  the  two  standpoints  of  the  open, 
and  the  closed  primary. 

OPEN  PRIMARY 

Secrecy  in  voting.  Under  the  open  primary  the  use- 
of  the  Australian  ballot  enables  an  elector  to  vote  a, 
party  primary  ticket  without  disclosing  his  party  affilia- 
tion. 

See  Wisconsin  Laws,  1903,  c.  451  under  which  absolute- 
secrery  in  voting  is  secured. 

Party  affiliation.  Electors  are  prevented  from  vot- 
ing for  more  than  one  party  at  any  primary  by  the 
method  of  counting  the  votes  under  the  open  primary 
laws  which  generally  provide  that  ballots  are  to  be 
counted  for  any  person  only  as  a  candidate  of  the 
party  upon  whose  ticket  his  name  is  written. 

The  Missouri  law  (1907,  p.  263,  sec,  18)  follows  the  Wiscon- 
sin plan  (Laws,  1903,  c.  451)  by  providing  that  if  any  elector 
write  upon  his  ticket  the  name  of  any  person  who  is  a  candi- 
date for  the  same  office  upon  some  other  ticket  than  that  upon 
which  his  name  is  so  written,  this  ballot  is  to  be  counted  for 
the  person  only  as  a  candidate  of  the  party  upon  whose  ticket 
his  name  is  written  and  is  in  no  case  to  be  counted  for  the 
person  as  a  candidate  upon  any  other  ticket. 

In  Oklahoma  under  the  law  approved    May  29,  1908,    anjr 


^  PRIMARY  ELECTIONS 

•qualified  elector  offering  to  .vote  at  a  primary  is  to  designate 

the  party  ticket  he  desires  to  vote  and  is  to  receive  the  ticket 
called  for. 

Non-partisan  municipal  primaries.  A  tendency  to- 
ward non-partisan  primaries  for  municipalities  is 
shown  in  recent  legislation. 

Compare  the  laws  of  In.  1907.  c.   18  and  Wis.  1907.  c.  070. 

CLOSED  PRIMARY 

Under  the  closed  primary  the  nature  of  the  test 
may  be  considered:  1st.  from  the  standpoint  of  the 
authority  prescribing  the  test,  2nd.  from  the  stand- 
point of  the  voter  subscribing  to  the  test  of  party  al- 
legiance. From  both  standpoints  the  nature  of  the 
record  which  is  kept  of  the  voter's  declaration  of  affil- 
iation is  significant. 

Authority  prescribing  test 

Party  authority.  Quite  frequently  the  prescription 
of  the  test  for  participation  in  primary  elections  is 
left  to  the  party  authorities.  This  is  particularly  true 
in  many  of  the  Southern  states  where  direct  primaries 
are  more  generally  optional  or  permissive  rather  than 
compulsory.  However  a  number  of  compulsory  di- 
rect primary  laws  also  leave  the  prescription  of  the 
test  to  the  governing  authority  of  the  party. 

For  typical  laws  which  leave  the  prescription  of  the  test  to 
the  party  authorities  compare  the  provisions  of:  Ala.  Laws, 
1908,  No.  417:  Ark.  Di«r.  of  St.,  1904,  sec.  2802-4:  Fla.  Laws. 
1901,  c.  5014.  as  amend,  bv  Laws,  1903,  c.  5218.  as  amend,  by 
Laws.  1905.  c.  5471:  Ga.'Laws.  1890-1.  p.  210:  Tenn.  Laws. 
1901.  c.  12  and  c.  39  and  Laws,  1907.  c.  422:  and  Va.  Pollard's 
Code.  1904.  sec.  122o. 


PRIMARY  ELECTIONS  7 

Legislature.  In  a  number  of  states  the  test  of  party 
affiliation  is  entirely  prescribed  by  the  legislature. 

Compare  the  laws  of:  Ariz.  Laws,  1905,  c.  68:  111.  Laws. 
1908,  p.  — :  Intl.  L.HWS,  1907.  c.  282;  la.  Laws,  1907,  c.  51:  Kan. 
Laws,  1908,  (Extra  Sess.)  c.  54:  Md.  Code  of  Pub.  Gen.  Laws. 
1904  (new  section  added,  Sess.  of  1908),  sec.  100  G;  Mich.  Laws, 
Ex.  Sess.  1907,  Xo.  4;  Minn.  Rev.  Laws,  1905,  sec.  192;  Neb. 
Laws,  1907,  c.  52;  N.  J.  Laws,  1898,  c.  139  as  amend,  by  Laws, 
1908,  c.  248,  as  amend,  by  Laws,  1900,  c,  235;  X.  li  Laws, 
1907,  c.  109;  Ore.  Laws,  1905,  c.  1:  Pa,  Laws,  1906,  Xo.  10;  S. 
D.  Laws,  1907,  c.  139;  Tex.  Laws,  1905,  1st,  Called  Sess.  c. 
11,  as  amend,  by  Laws,  1907,  c.  177,  sec.  114  a:  and  Wash. 
Laws  1907,  c.  209. 

Party  authority  and  legislature.  Quite  generally 
the  legislature  prescribes  only  a  part  of  the  test  and 
permits  the  party  authorities  to  impose  additional  re- 
quirements. 

For  typical  laws  see:  Cal.  Const.  (Amend.  1900)  art.  2,  sec. 
2i  Laws,  1907,  c.  340  and  c.  352:  Del.  Laws.  1897,  c.  893,  as 
amend,  by  Laws,  1903,  c.  285:  La.  Laws,  1900.  Xo.  49:  Mass, 
Laws,  1907.  c.  560;  Miss.  Code.  1900,  sec.  3717:  and  K.  I. 
Laws,  1902.  c.  1078. 

Voter's  declaration 

The  voter's  declaration  of  party  affiliation  may  re- 
late to  past  allegiance,  to  present  affiliation,  to  future 
intention,  or  to  some  combination  of  past,  present,  or 
future  action.  The  laws  for  the  different  states  vary 
greatly  on  this  point. 

Past  allegiance.  Some  of  the  laws  require  a  decla- 
ration of  past  affiliation  only,  on  the  part  of  the  voter. 

For  typical  provisions  compare  the  laws  of  Ohio.  1908,  (ap- 
proved Apr.  28)  and  of  Pa.  Laws.  1900,  Xo.  10. 

In  Ohio  the  voter's  affiliation  is  determined  by  his  vote  at 
the  last  general  election  "held  in  even  numbered  years." 

In  Pa.  he  must  have  voted  for  a  majority  of  the  candidates 
of  the  party  at  the  last  general  election  at  which  lie  voted. 


8  PRIMARY  ELECTIONS 

Present  affiliation.  Other  laws  "  provide  that  the 
voter  declare  only  his  present  allegiance. 

Compare  the  laws  of  Kan.  1008,  (Kxtra  Sess.)  c.  54;  N.  U. 
Laws,  15)07,  c.  109:  and  Wy.  Rev.  St.  1891),  sec.  22:i.  as  amend, 
by  Laws,  1907,  c.  100. 

Future  intention.  In  certain  cases  a  declaration  of 
intention  to  support  the  party  at  the  ensuing  election 
is  the  only  requirement. 

See  Wash.  Laws,  1907.  c.  209.  for  a  typical  case. 

Past  action  and  present  affiliation.  A  declaration  as 
to  past  action  as  well  as  a  statement  of  present  affil- 
iation is  prescribed  in  a  number  of  states. 

Under  the  111.  law  enacted  in  1908,  the  voter,  if  challenged, 
is  required  to  swear  or  affirm  not  only  that  he  is  a  member  of 
the  party,  but  also  that  he  has  not  voted  at  a  primary  of  an- 
other political  party  within  two  years. 

Past  action  and  future  intention.  In  addition  to 
declaring  his  past  party  allegiance  certain  states  also 
require  the  voter  to  pledge  his  support  to  the  party 
at  the  next  ensuing  election. 

Compare  the  laws  of  Ind.  Laws,  1907.  c.  282:  Minn.  Rev. 
Laws,  1905,  sec.  192:  and  Miss.  Code.  190(5,  sec.  :5717. 

Under  the  Mississippi  law  the  voter  must  have  "been  in 
accord"  with  the  party  during  the  preceding  two  years,  and 
must  agree  to  support  nominations,  in  which  he  participates, 
at  the  ensuing  election. 

Present  affiliation  and  future  intention.  The  test 
prescribed  in  some  states  requires  a  declaration  of 
present  affiliation  together  with  a  pledge  of  future 
support. 

See  the  laws  of  Arix.  1905,  c.  <>8:  La.  Laws.  190<>.  No.  49; 
S.  D.  Laws.  1907.  c.  139;  and  Tex.  Laws,  1905,  1st  Called 
Sess.  c.  11,  as  amend,  by  Laws,  1907,  c.  177,  sec.  114a. 

Past,  present,  and  future  affiliation.  Certain  states 
require  a  definite  declaration  with  respect  to  past  al- 


PRIMARY  ELECTIONS  9 

legiance,  present  affiliation,  and  future  intention  to 
support  the  party  with  whom  the  voter  desires  to  act 
at  any  primary  election. 

Compare  the  provisions  of  Mass.  Laws,  1007.  c.  5(50:  and 
N.  J.  Laws,  1898.  c.  139,  as  amend,  by  Laws.  1903.  c.  248.  as 
amend,  by  laws,  1906,  c.  235. 

Also  see  Commonwealth  v.  Rogers,  1902.  181  Mass.  184-  and 
Hopper  v.  Stack,  1903,  69  N.  J.  L.  562. 

Record  of  declaration 

Declaration  at  primary.  Many  of  the  primary  laws 
merely  require  a  declaration  of  party  affiliation  on  the 
part  of  the  voter  at  the  time  of  the  primary  and  do 
not  make  any  provision  for  keeping  a  record  of  his 
declaration. 

For  typical  laws  compare:  Arix.  Laws,  1905,  c.  68:  II 1 
Laws,  1908,  p.  — ;  Ind.  Laws,  1907,  c.  282;  Kan.  Laws,  1908. 
(Extra  Sess.)  c.  54;  Minn.  Rev.  Laws,  1905,  sec.  192  and  Laws, 
1907,  c.  226;  N.  D.  Laws,  1907,  c.  109:  Pa.  Laws,  1906,  No. 
10;  S.  D.  Laws,  1907,  c.  139;  Tex.  Laws,  1905,  1st  Called 
Sess.  as  amend,  by  Laws,  1907,  c.  177,  sec.  114a:  Wash.  Laws, 
1907,  c.  209. 

Previous  enrollment  or  registration.  A  party  en- 
rollment or  registration  of  voters  is  required  in  a 
number  of  states.  The  enrollment,  whether  conducted 
according  to  party  rules  or  under  provision  of  law, 
affords  a  means  of  listing  the  party  affiliation  of  all 
electors  participating  in  primary  elections. 

The  form  of  the  record  kept,  varies  from  informal 
voting  lists  to  elaborate  systems  for  the  permanent 
enrollment  of  party  members. 

Enrollment  under  party  regulation.  See  laws  for  S.  C.  Civ. 
Code,  1902,  sec.  258,  as  amend,  by  Laws,  1903.  No.  8:  also  see 
N.  C.  local  acts,  which  require  party  registration  of  voters 
in  certain  localities. 


10  PRIMARY  ELECTIONS 

Kurollmcitt  nn<lrr  Line.  For  different  methods  of  party  reg- 
istration required  under  law  compare  the  provisions  of:  Cal. 
Laws,  15)07,  c.  340  and  e.  352:  Del.  Laws,  185)7,  c.  393  as 
amend,  by  Laws,  15)03,  c.  285;  la.  Laws,  1907,  c.  51;  Ky.  Car- 
roll's St.  15)03,  sees.  155:5-55):  Mass.  Laws,  1907,  c.  5(50:  Mich. 
Laws,  Ex.  Session,-  15)07,  No.  4;  Neb.  Laws,  15)07,  c.  52:  and 
Ore.  Laws,  15)05,  c.  1. 

What  constitutes  a  reasonable  test 

As  the  right  to  participate  in  making  nominations 
is  a  part  of  the  right  to  vote  the  question  arises,  what 
constitutes  a  reasonable  test  of  party  affiliation  ?  So 
far  the  courts  have  not  come  to  any  uniform  conclu- 
sions in  their  decisions  on  this  point. 

For  recent  decisions  see:  Commonwealth  v.  Rogers,  15)02, 
181  Mass.  184:  State  v.  Moore,  1902,  87  Minn.  308:  Hopper  v. 
Stack,  15)03,  0!)  N.  J.  L.  502:  Rebstock  v.  Superior  Court  of 
City  and  County  of  San  Francisco,  15)05,  14(5  Cal.  308:  State  v. 
Drexel,  15)05,  74  Neb.  770;  Attorney  Gen.  ex  rel.  Wood  v. 
Rowe,  15)05,  27  R.  I.  300:  Schostag  v.  Cator.  15)07,  151  Cal. 
600:  Katx  v.  Fitzgerald  (Cal.)  15)07,  5)3  Pac.  112:  Freeman  v. 
Board  of  Registry  and  Election  of  Metuchen  (X.  .1.)  15)07,  67 
At.  713:  State  ex' rel.  Labauve  v.  Michel  (La.)  15)08.  40  So.  430; 
Morrow  v.  Wipe  (S.  I).)  15)08,  115  N.  W.  1121. 


PKIMARY  ELECTION  H  11 


LAWS  AND  JUDICIAL  DECISIONS 


United  States 

Alabama.  Laws,  1903,  no.  417,  sec.  10.  Qualified 
electors  under  the  general  election  laws  have  the  right 
to  participate  in  primary  elections  subject  to  such 
political  qualifications  as  may  be  prescribed  by  the 
party  authorities. 

Arizona.  Laws.  1905.  c.  68,  sees.  11  and  13.  To 
vote  at  a  primary  election  the  elector  must  declare 
that  he  is  a  member  of  the  political  party  holding  the 
primary  and  that  he  expects  to  support  the  regular 
ticket  of  such  political  party  at  the  next  general  or 
special  election. 

Arkansas.  Dig.  of  St.  1904,  sees.  2892-4.  Leaves 
the  prescription  of  the  test  for  participation  in  party 
primaries  to  the  party  authorities. 

California.  Const.  (Amend.  1900)  art.  2,  sec.  21/2- 
"The  legislature  shall  have  the  power  ...  to 
determine  the  tests  and  conditions  upon  which  elec- 
tors, political  parties,  or  organizations  of  voters  may 
participate  in  any  such  primary  election  ...  or 
the  legislature  may  delegate  the  power  to  determine 
such  tests  or  conditions  at  primary  elections,  to  the 
various  political  parties  participating  therein.  .  .  ." 


12  PRIMARY  ELECTIONS 

See  Robstock  v.  Superior  Court  of  City  and  County  of  San 
Francisco,  11K)5,  14(5  Cal.  :J08.  (Interpreting  c.  108, 'Laws  of 
1901.) 

Laws,  1907,  c.  340.  The  governing  committee  of 
any  political  party  when  filing  its  application  for  a 
place  on  the  primary  official  ballot  is  required  to  file 
a  resolution  prescribing  the  party  test  necessary  for 
an  elector  to  vote  for  the  delegates  to  the  nominating 
convention  of  such  party.  Persons  not  possessing  the 
qualifications  prescribed  may  not  vote  for  such  party 
delegates. 

A  person  desiring  to  vote  at  any  primary  election 
on  behalf  of  any  party  or  for  any  delegates  to  any 
convention  is  required  to  write  (or  have  written)  on 
the  roster  of  voters,  his  name  and  address  and  the 
name  of  the  political  party  for  whose  candidates  he 
in  good  faith  intends  to  vote  at  the  election  for  which 
the  primary  is  held. 

If  challenged,  his  right  to  vote  must  be  denied  un- 
less he  prescribes  to  the  test  required  by  the  resolu- 
tion of  the  committee  of  the  political  party  for  whose 
candidates  he  desires  to  vote. 

The  roster  of  voters  must  be  delivered  to  the  county 
-clerk  or  registrar  of  voters  and  kept  as  a  public  record 
for  public  inspection  for  a  period  of  at  least  two 
years. 

Laws,  1907,  c.  352.  At  the  time  of  registering  and 
of  transferring  registration,  in  all  places  where  the 
primary  election  law  is  in  force,  each  elector  must 
declare  the  name  of  the  political  party  with  which  he 
intends  to  affiliate  at  the  ensuing  primary  election  or 


PRIMARY  ELECTIONS  13 

elections,  and  the  name  of  such  political  party  must 
be  stated  in  the  affidavit  of  registration.  If  the  elec- 
tor declines  to  state  the  fact,  the  fact  of  such  declina- 
tion is  likewise  to  be  stated  and  no  person  is  entitled 
to  vote  at  any  primary  election  (by  virtue  of  such 
registration)  unless  he  has  stated  the  name  of  the 
political  party  with  which  he  intends  to  affiliate,  at  the 
time  of  such  registration.  No  elector  is  to  be  per- 
mitted to  vote  on  behalf  of  any  party  other  than  the 
party  so  designated  in  the  registration. 

In  case  any  elector  declines  to  designate  or  changes 
his  political  affiliation,  he  is  entitled  to  have  the  change 
recorded  prior  to  the  close  of  the  registration  upon 
application  to  the  county  clerk  or  registrar  of  voters. 
Such  application  is  to  be  made  in  person  and  the 
elector  is  required  to  make  affidavit  substantially  in 
the  following"  form : 

— ,  being  duly  sworn,  deposes  and  says  that 
he  is  registered  on  the  great  register  of  the  said 
county  of  -  -  as  a  -  — ,  (insert 

former  party  affiliation,  or  that  he  had  declined  to 
designate  his  party  affiliation),  that  since  the  date  of 
such  registration  he  had  changed  his  political  views 
and  in  good  faith  declares  his  affiliation  with  the 
< -  party. 

The  provision  requiring  an  elector  at  the  time  of  registra- 
tion to  declare  his  party  affiliation  in  order  to  be  entitled  to 
vote  at  a  primary,  is  not  void  for  unreasonableness  in  that  ir 
precludes  an  elector  who  changes  his  party  affiliation  after 
registration  from  voting  with  his  new  party.  Xor  is  it  void 
as  a  violation  of  Const,  art.  2.  sec.  1.  in  that  it  in  effect  pro- 
vides an  additional  qualification  to  those  prescribed  therein 
for  electors.  Schosta<i  v.  Cator.  1007.  lol  Cal.  (500. 

Prohibiting  one  who  has  voted  at  a  primary  election  from 


14  PRIMARY  ELECTIONS 

signing  a  petition  for  another  candidate  is  not  unconstitu- 
tional as  providing  an  arbitrary  classification  of  voters.  Katx 
v.  Fit/herald,  (C'al.)  1!K)7,  1M  Pac.  II:.'. 

Colorado.  Mills,  Ann.  St.  1891,  sec.  1711.  (Not 
direct.)  Excludes  any  voter  from  voting  at  a  primary 
election,  who  is  at  the  time  a  member  in  good  faith 
of  a  different  political  party  than  the  one  holding  such 
caucus,  convention  or  primary  election.  The  ques- 
tion of  the  good  faith  of  the  voter  is  to  be  left  to  the 
jury. 

See,  In  re  Nominations  to  Public  Offices,  ISSIi.  !)  Col.  CM. 

Connecticut.  Laws,  1905,  c.  273.  (Not  direct.) 
A  party  registration  is  required  previous  to  the  pri- 
mary. 

Qualified  electors  making  application  for  enrollment 
are  to  be  listed  according  to  their  declared  political 
preference.  After  the  completion  of  each  enrollment, 
the  registrars  are  required  to  file  twenty-five  copies 
of  each  party  list  with  the  town  clerk  and  are  further 
required  to  deliver  to  the  chairman  of  the  town  com- 
mittee of  each  political  party  which  cast  !Qc/c  or  more 
of  the  total  vote  of  the  town  at  the  last  general  election, 
a  sufficient  numljer  of  copies  to  supply  the  chairman 
or  clerk  of  each  political  primary  or  caucus  to  be  held 
before  the  making  of  the  next  enrollment  list.  In 
case  there  is  no  chairman  of  a  town  committee  of 
any  political  party  coming  under  the  provisions  of  the 
act  then  the  town  clerk  is  required  to  furnish  the 
chairman  or  clerk  of  each  caucus  or  primary  meeting 
with  the  party  list. 

Upon  oral  or  written  application  to  the  registrars 
any  elector  enrolled  as  a  member  of  a  party  may 


PRIMARY  ELECTIONS  15 

have  his  name  transferred  to  any  other  party  list  as 
he  may  direct. 

Any  person  made  a  voter  after  a  regular  session  of 
the  registrars  and  prior  to  the  election  next  succeed- 
ing such  session  may  secure  a  certificate  showing  that 
he  is  entitled  to  enrollment  upon  the  list  of  the  party 
named  in  the  application.  The  certificate  is  to  have 
the  same  effect  as  though  he  had  been  enrolled,  and 
at  the  time  of  making  the  next  corrected  enrollment  list 
the  registrars  are  to  transfer  any  such  name  to  the 
regular  party  list  unless  otherwise  directed  by  the  elec- 
tor. 

Special  Law,  1!)07.  no.  '.'i2\.  provides  for  direct  nominations 
in  the  town  of  .Manchester. 

Delaware.  Laws,  1897,  c.  393,  as  amend,  by  Laws, 
1903.  c.  285.  ( Xew  Castle  Co.  and' the  City  of  Wilming- 
ton.) If  challenged,  the  person  offering  to  vote  must 
swear  or  affirm  that  he  is  a  legally  qualified  voter 
under  the  rules  of  the  party  holding  the  primary.  A 
system  of  party  registration  is  provided  for  and  no 
person  whose  name  is  not  registered  in  the  "voting 
books  of  qualified  voters  for  primary  elections"  is 
permitted  to  vote  in  any  primary. 

Florida.  Laws,  1901,  c.  5014,  as  amend,  by  Laws, 
1903,  c.  5248,  as  amend,  by  Laws,  1905,  c.  5471. 
The  executive  or  standing  committee  calling  a  party 
primary  may  declare  the  terms  or  conditions  on  which 
legal  electors,  offering  to  vote  at  such  elections  are 
to  be  recorded  and  taken  as  proper  members  of  the 
party  at  whose  expense  and  in  whose  interest  such 
primary  election  has  been  called. 


16  PRIMARY  KLKCTIOXS 

Georgia.  Laws,  1890-1,  p.  210.  If  challenged, 
any  elector  offering  to  vote  must  take  an  oath  that 
he  is  duly  qualified  to  vote,  according  to  the  rules  of 
the  party,  holding  the  primary  election. 

Idaho.  Laws,  1903,  p.  300.  (Not  direct.)  It  is 
made  unlawful  for  any  person  who  was  not  affiliated 
with  the  party  holding  the  primary  at  the  last  general 
election,  to  vote  or  take  any  part  in  such  primary ; 
provided  that  one  who  since  the  last  election  has  be- 
come of  age  may  vote  if  otherwise  qualified.  No 
person  may  vote  at  the  primary  of  more  than  one 
political  party  during  any  calendar  year. 

Illinois.  Laws,  1908.  Any  person  offering  to 
vote  a  primary,  if  challenged,  is  required  to  swear 
or  affirm,  that  he  is  a  member  of,  and  affiliated 
with,  the  -  —  party ;  that  he  has  not  voted 

at  a  primary  of  another  political  party  within  a  period 
of  two  years ;  and  that  he  has  not  signed  any  nomina- 
tion petition  for  nomination  of  a  candidate  of  any 
other  political  party  and  that  he  has  not  signed  the 
nominating  papers  of  any  independent  candidate  for 
any  office  to  be  voted  upon  at  that  primary. 

In  addition  to  such  affidavit  the  person  challenged 
is  required  to  produce  the  affidavit  of  one  householder 
of  the  precinct  who  is  a  qualified  voter  at  the  pri- 
mary and  who  is  personally  known  or  proved  to  the 
judges  to  be  a  householder  in  the  precinct,  who  shall 
swear  or  affirm,  that  he  verily  believes  the  person 
challenged  to  be  a  member  of  and  affiliated  with  the 
-  party. 

Indiana.     Laws,   1907.  c.  282.     Any  elector  offer- 


PRIMARY  ELECTIONS  17 

ing  to  vote,  if  challenged,  shall  make  affidavit  that  at 
the  last  preceding  general  election,  he  affiliated  with  the 
party  holding  the  election,  that  he  voted  for  a  major- 
ity of  the  regular  nominees  of  the  party  at  such  elec- 
tion, and  that  he  intends  to  support  and  vote  for 
the  regular  nominees  of  such  party  at  the  coming 
election ;  provided  that  first  voters  need  not  make 
declaration  of  past  affiliation. 

Iowa.  Laws,  1907,  c.  51,  sec.  7.  Under  this  law, 
the  voter's  selection  of  a  party  ballot,  at  the  first 
primary,  to  be  held  in  June,  1908,  is  to  constitute 
the  declaration  of  his  party  affiliation  and  it  is  made 
the  duty  of  the  primary  election  board  to  record  his 
name  and  check  his  declaration  of  party  affiliation 
on  the  poll  books  used  by  the  clerks  of  the  primary 
election  board.  This  list,  properly  certified  by  the 
primary  election  board  is  to  be  returned  to  the  county 
auditor  for  preservation.  Copies  of  the  names  and 
party  entries  on  such  list  together  with  the  changes 
of  party  affiliation  are  to  be  used  at  subsequent  pri- 
maries for  determining  with  what  party  the  voter  has 
been  enrolled  and  no  voter  enrolled  for  one  politi- 
cal party  is  to  be  allowed  to  receive  the  ballot  of 
any  other  party,  but  he  may  change  his  enrollment 
according  to  the  provisions  of  the  act.  The  county 
auditor  is  required  to  prepare,  for  each  voting  pre- 
cinct two  of  the  above  mentioned  lists  duly  certi- 
fied by  him  and  taken  from  the  poll  books  of  the 
last  preceding  primary  election.  He  is  required  to 
deliver  such  list  to  the  succeeding  primary  election 
boards  in  the  vear  1910  and  bienniallv  thereafter 


18  PRIMARY  ELECTIONS 

at  least  one  day  prior  to  the  day  of  the  primary 
election.  These  lists  together  with  the  poll  books  of 
the  primary  election  are  to  be  returned  to  the  county 
auditor  in  good  condition  within  twenty-four  hours 
after  the  primary  to  be  preserved  by  him. 

sec.  8.  Any  person  who  has  thus  declared  his 
party  affiliation  is  thereafter  to  be  listed  on  the  poll 
books  as  a  member  of  that  political  party  and  while 
he  is  a  resident  of  the  same  precinct  he  need  not  de- 
clare his  party  affiliation  in  succeeding  primaries 
unless  he  desires  to  change  his  party  affiliation.  Any 
elector,  who  having  declared  his  party  affiliation  de- 
sires to  change  the  same,  may,  not  less  than  ten  days 
prior  to  the  date  of  any  primary,  file  a  written 
declaration  with  the  county  auditor,  stating  his  change 
of  party  affiliation  and  the  auditor  is  required  to 
enter  a  record  of  the  change  on  the  poll  books  of  the 
last  preceding  election,  and  on  the  voting  list.  Any 
elector  whose  party  affiliation  has  for  any  reason 
not  been  registered  or  any  elector  who  ha?  changed 
his  residence  to  another  precinct  or  a  first  voter  is 
entitled  to  vote  at  any  subsequent  election  in  the  same 
manner  and  upon  the  same  terms  as  provided  in 
sec.  T. 

sec.  9.  Any  elector  whose  party  affiliation  has 
been  recorded  and  wrho  desires  to  change  hi>  affilia- 
tion on  primary  election  day,  is  subject  to  challenge. 
If  challenged,  he  must  swear  or  affirm  that  he  has 
in  good  faith  changed  his  party  affiliation  and  desires 
to  be  a  member  of  the  -  — ,  and  if  he  takes 

such  oath,  he  is  thereupon  to  be  given  a  ticket  of 


PRIMARY  ELECTIONS  19 

such  political,  party  and  the  clerks  of  the  primary 
election  are  required  to  change  his  enrollment  of 
party  affiliation  accordingly. 

Kansas.  Laws,  1908,  (Extra  Sess.),  c.  54,  sees. 
10  and  12.  Any  person  offering  to  vote  at  a  pri- 
mary is  required  to  announce  the  name  of  the  politi- 
cal party  for  which  he  desires  to  vote  and  unless  he 
is  challenged,  one  of  the  judges  is  forthwith  to  give 
him  such  party  ticket.  If  challenged,  he  must  make 
an  affidavit  that  he  is  a  member  of  and  affiliated  with 
the  -  -  party,  that  he  has  not  signed  the  petition 
of  a  member  of  any  other  party,  and  that  he  has  not 
signed  the  nominating  petition  of  an  independent 
candidate  for  any  office  for  which  candidates  are  to 
be  voted  for  at  that  primary  election. 

Kentucky.  Carroll's  St.  1903,  sees.  1553-59. 
The  party  authorities  are  authorized  to  prescribe 
qualifications  for  voters  at  party  primaries.  In  order 
that  none  but  those  affiliating  with  and  being  mem- 
bers of  any  political  party  may  participate  in  a  party 
primary,  a  system  of  party  registration  is  provided 
for  localities  in  which  a  registration  law  is  in  force 
under  the  general  law  governing  regular  state  elec- 
tions. 

The  committee  or  governing  authority  of  any 
political  party  desiring  to  hold  a  primary,  has  the 
right  to  have  the  names  of  all  persons  registered 
on  the  regular  state  registration  books  as  affiliating 
with  such  party,  copied  into  books  provided  by  the 
committee.  A  book  is  to  be  provided  for  each  pre- 
cinct of  the  city  and  town  in  which  it  is  proposed 


20  PltlMAKY  ELECTIONS 

to  hold  a  primary.  In  case  the  committee  or  govern- 
ing authority  of  any  political  party  should  decide  to 
hold  the  primary  before  the  time  set  for  the  registra- 
tion of  voters  for  that  year  under  the  provisions  of  the 
general  law,  the  party  registration  for  the  previous 
year  is  to  govern.  Provision  is  also  made  for 
special  registration  of  persons  prevented  by  specified 
causes  from  registering  at  the  regular  time. 

In  all  counties,  districts  or  precincts  in  which  no 
registration  is  held  under  the  provisions  of  general 
law  all  legal  electors  have  a  right  to  vote  at  any  party 
primary  if  they  conform  to  the  conditions  and  quali- 
fications prescribed  by  the  committee  or  governing 
authority  of  the  political  party  holding  the  primary 
by  applying  at  the  polls  of  the  precinct  in  which  they 
reside  and  making  known  the  fact  that  they  con- 
form to  the  conditions  and  qualifications  that  have 
been  prescribed. 

Louisiana.  Laws,  1906,  .no.  49,  sees.  9  and  10. 
Qualifications  of  voters  at  primaries  are  the  same 
as  required  for  electors  at  general  elections,  subject 
to  additional  political  qualifications  which  may  be 
prescribed  by  the  state  central  committees  of  the  re- 
spective political  parties.  None  but  those  affiliating 
with,  and  beings  members  of  any  political  party  are 
to  be  permitted  to  participate  in  any  primary  elec- 
tion held  by  such  political  party.  The  commission- 
ers of  election  are  required  to  ask  every  person  offer- 
ing to  vote,  whether  or  not  he  is  a  member  of  such 
political  party  and  whether  or  not  he  will  support 
the  nominees  of  such  primary  election,  and  he  is 


PiflMAIfY  ELECTIONS  21 

not  to  be  permitted  to  vote  unless  he  answers  both 
questions  in  the  affirmative. 

This  act  is  not  unconstitutional  because  it  requires  voters 
at  primaries  to  promise  that  they  will  support  the  nominees. 
State  ex  rel.  Labauve  v.  Michel,  (La.)  1008,  4(5  So.  430. 

Maine.  Laws,  1903,  c.  214.  Party  enrollment  is 
a  prerequisite  for  voting  in  any  political  caucus. 
Any  person  who  is  a  legal  voter  may  enroll  himself 
as  a  member  of  any  political  party  by  filing  with  the 
clerk  of  the  'awn  of  which  he  is  a  legal  voter  a 
declaration  in  writing  signed  by  himself  substantially 

as    follows :     "I,  -       -  being   a   legal   voter   of  

hereby  elect  to  be  enrolled  as  a  member  of  the  

party.  The  following  statment  of  name,  place  of  last 
enrollment,  if  any,  and  party  of  last  enrollment 
if  any,  is  true." 

A  new  enrollment  may  be  made  at  any  time  but  the 
person  making  such  new  enrollment  may  not  vote 
in  any  political  caucus  within  six  months  thereafter 
if  he  designates  a  different  political  party  from  that 
named  by  him  in  the  preceding  enrollment.  The 
clerk  of  the  town  where  the  enrollment  is  made  is 
required  to  record  the  enrollment  of  members  of 
each  political  party  in  a  separate  book  and  the  records 
are  to  be  open  to  the  public. 

•Voting  lists  used  in  the  election  next  preceding 
any  caucus  are  to  be  used  as  check  lists  at  the 
caucuses  if  the  town  committee  so  provide  in  the 
call  and  the  committee  is  required  to  provide  for  the 
use  of  such  lists  upon  the  written  request  of  a  speci- 
fied number  of  voters  of  the  party. 


22  PRIMARY  ELECTIONS 

Maryland.  Code  of  Pub.  Gen.  Laws,  1004  (new 
section  added,  Session,  of  1908),  sec.  160  G.  No  per- 
son is  permitted  to  vote  in  any  primary  election  un- 
less he  is  a  registered  voter  and  a  member  of  the 
party  at  whose  primary  election  he  tenders  his  ballot. 
Any  registered  voter  who  at  the  last  preceding  elec- 
tion voted  for  the  presidential  electors  or  the  gover- 
nor of  the  state  or  comptroller  or  other  state  candi- 
date or  the  county  candidates  of  the  party  at  whose 
primary  he  tenders  his  ballot,  or  any  registered  voter 
who  attains  the  age  of  twenty-one  years  prior  to  the 
next  election,  or  any  voter  who  having  failed  to  vote  at 
the  last  election  declares  his  intention  to  vote  at  the 
next  succeeding  election  for  the  candidates  named  by 
the  party  at  whose  election  he  tenders  his  ballot  is 
to  be  deemed  a  member  of  such  party  and  entitled 
to  vote  at  such  primary  election.  After  an  elector 
has  voted  his  name  is  to  be  entered  in  the  poll  books 
provided  for  by  the  governing  body  of  the  party 
holding  the  election. 

Massachusetts. 

The  provision  forbidding  any  one  to  vote  ;it  ;i  primary  who 
has  taken  part  in  a  primary  of  another  political  party  within 
twelve  months  is  a  reasonable  test  of  party  affiliation.  Com- 
monwealth v.  Rogers  15)02,  181  Mass.  181. 

Laws,  1907,  c.  560,  sec.  93.  Each  city  or  town 
committee  may  make  reasonable  regulations,  not 
inconsistent  with  law,  to  determine  membership  in 
the  party,  and  to  restrain  persons  not  entitled  to  vote 
at  caucuses  from  attendance  thereat  or  taking  part 
therein.  Rut  no  political  committee  may  prevent 
any  voter  from  participating  in  the  caucus  of  its  party 


PRIMARY  ELECTIONS  23 

for  the  reason  that  the  voter  has  supported  an  inde- 
pendent candidate  for  political  office. 

sec.  10.1.  Xo  person  having  voted  in  the  caucus 
of  one  political  party  is  entitled  to  vote  or  take  part 
in  the  caucus  of  another  political  party  within  twelve 
months,  except  that  voting  or  taking  part  in  the  cau- 
cuses of  any  municipal  party  by  any  voter  is  not  to 
effect  his  legal  right  to  vote  or  to  take  part  in  the 
caucuses  of  any  other  political  party  whether  national, 
state,  or  municipal  for  any  other  election ;  and  hav- 
ing voted  or  taken  part  in  the  caucus  of  another 
political  party  for  any  previous  election  whether  city, 
state  or  national  is  not  to  effect  his  right  to  vote  or 
take  part  in  the  caucus  of  any  municipal  party.  No 
voter  shall  be  prevented  from  voting  or  participating 
in  any  caucus  if  he  takes  an  oath  that  he  is  a  mem- 
ber of  the  political  party  holding  the  caucus  and  in- 
tends to  vote  for  its  candidates  at  the  polls  at  the 
election  next  ensuing  and  that  he  has  not  taken  part 
or  voted  in  the  caucus  of  any  other  political  party 
for  twelve  months  last  passed. 

sec.  15(5.  Each  voter's  party  affiliation  is  to  be 
checked  on  the  voting  list  used  by  the  ballot  clerks 
and  the  list  is  to  be  returned  to  the  election  commis- 
sioners in  Boston  or  to  the  city  or  town  clerks  in 
other  places  for  preservation  during  succeeding  year. 
A  copy  of  the  party  entries  on  such  list  is  to  be  used 
at  subsequent  primaries  for  determining  with  what 
party  the  voter  has  been  enrolled.  Any  elector  may 
change  his  enrollment  by  appearing1  before  the  elec- 
tion commissioners  in  Boston  or  before  the  city  or 


24  PKIMAKY  ELECTIONS 

town  clerks  in  oilier  places  and  requesting  in  writ- 
ing to  have  his  enrollment  changed  to  another  party 
but  such  change  is  not  to  take  effect  until  ninety  days 
after  the  voter  so  appears;  but  the  political  party  en- 
rollment of  a  voter  is  not  to  preclude  him  from  re- 
ceiving at  a  primary  the  ballot  of  any  municipal 
party,  but  in  no  primary  is  he  to  receive  more  than 
one  party  ballot.  No  voter  who  denies  the  accuracy 
of  his  enrollment  is  to  be  permitted  to  vote  until  he 
takes  an  oath  that  he  is  a  member  of  the  — < —  party 
and  that  he  is  incorrectly  enrolled  as  a  member  of 
another  political  party. 

Michigan.  Laws,  Extra  Sess.  1907,  no.  4,  sees. 
2,  0,  (J,  10,  13  and  35.  No  person  may  vote  at  a 
primary  election  unless  he  is  enrolled  as  a  member 
of  a  particular  political  party.  The  various  boards  of 
registration  provided  for  by  the  general  election  law 
are  constituted  an  enrollment  board.  The  local  custo- 
dian of  the  general  registration  books  of  each  election 
precinct  is  made  the  custodian  of  the  party  enrollment 
book,  and  he  is  required  to  forward  copies  of  the  party 
enrollment  to  the  county  clerk  and  to  the  secretary  of 
state. 

The  custodian  of  the  enrollment  book  is  required 
to  deliver  the  same  to  the  board  of  enrollment  for 
the  purpose  of  registration  and  correction  and  the 
enrollment  board  is  required  to  enroll  all  qualified 
electors  who  make  application  for  and  who  are  en- 
titled to  enrollment  a-s  members  of  any  political  party. 
Whenever  any  qualified  elector  applies  for  enroll- 
ment but  neglects  or  refuses  to  give  the  name  of  his 


PRIMARY  ELECTIONS  25 

party  or  if  he  has  none,  he  is  to  be  enrolled  as  an 
independent. 

Whenever  an  enrolled  voter  has  changed  his  past 
affiliation  and  desires  to  be  enrolled  as  a  member  of 
another  party,  he  may  personally  make  application 
for  re-enrollment  to  the  enrollment  board  of  primary 
election  inspectors  and  the  board  is  thereupon  re- 
quired to  re-enroll  the  voter. 

Any  qualified  elector  offering  to  vote  is  to  be  fur- 
nished a  ballot  of  the  political  party  with  which  he 
is  enrolled  and  no  other.  In  case  he  is  challenged, 
he  is  required  to  take  an  oath  that  he  is  a  member 
of  the  party  and  that  he  believes  in  the  principles  of 
the  party. 

For  local  laws,  see  Local  Acts,  1005,  no.  470,  as  amended 
by  Local  Acts,  1907.  no.  754  (Alpena  Co.):  Local  Acts,  190:5. 
no.  320,  sec.  12  (Kent  Co.):  Local  Acts.  190:5,  no.  502.  sec.  12 
/Muskegon  Co.):  Local  Acts,  1905,  no.  iJio,  sec.  11  (AVayneCo.). 

The  local  acts  for  these  counties  uniformly  require 
that  any  elector  offering  to  vote,  if  challenged,  must 
take  an  oath  that  he  is  in  sympathy  with  the  princi- 
ples of  the  party  and  that  he  expects  to  vote  the 
party  ticket  at  the  next  ensuing  election. 

Minnesota. 

The  legislature  may  within  reasonable  limits  regulate  the 
means  by  which  partisan  efforts  should  be  protected  in  exer- 
cising individual  preferences  for  party  candidates.  State  v. 
Moore,  1902.  87  Minn.  :iOS.  (Interpreting  c.  210.  Laws  of  1901). 

Rev.  Laws,  1905,  sec.  192.  Any  person  offering 
to  vote  the  ballot  of  any  political  party  at  a  primary, 
if  challenged,  is  required  to  declare  under  oath  that 
he  generally  supported  such  political  party  at  the  last 
election  and  intends  to  support  it  at  the  next  ensu- 


26  PRIMARY  ELECTION 8 

ing  election.  When  voting  for  the  first  time  he  is 
not  required  to  declare  his  past  political  affiliation. 

Mississippi.  Code,  190(>,  sec.  3717.  No  person 
is  eligible  to  participate  in  any  primary  election 
unless  he  intends  to  support  nominations  in  which 
he  participates,  has  been  in  accord  with  the  party 
holding  such  primary  within  the  two  preceding  years, 
and  is  not  excluded  from  such  primary  by  any  regula- 
tion of  the  state  executive  committee  of  the  party  hold- 
ing such  primary.  Any  member  of  the  party  holding1 
the  primary  or  any  primary  election  officer  may  chal- 
lenge any  person  offering  to  vote  and  cause  him  to 
answer,  under  oath,  questions  relating  to  his  qualifi- 
cations. 

.Missouri.  Laws,  1907,  p.  263,  sec.  18.  At  all  pri- 
maries as  many  separate  tickets  are  to  be  provided  as 
there  are  parties  entitled  to  participate  and  also  a 
non-partisan  ticket  upon  which  are  to  be  printed  the 
names  of  all  persons  for  whom  nomination  papers 
have  been  filed  who  are  not  candidates  for  any  politi- 
cal party.  Each  qualified  elector  is  entitled  to  receive 
from  the  judges  of  election  one  ballot  of  the  political 
party  participating  in  such  election  for  which  he  de- 
sires to  vote. 

To  prevent  any  elector  from  voting  for  more  than 
one  party  at  any  primary,  the  law  provides  that  if 
any  elector  write  upon  his  ticket  the  name  of  any 
person  who  is  a  candidate  for  the  same  office  upon 
some  other  ticket  than  that  upon  which  his  name  is 
so  written  this  ballot  is  to  be  counted  for  such  per- 
son only  as  a .  candidate  of  the  party  upon  whose 


PRIMARY  ELECTIONS  27 

ticket  his  name  is  written  and  is  in  no  case  to  be 
counted  for  such  person  as  a  candidate  upon  any  other 
ticket. 

Montana.1  Laws,  1901,  p.  115,  sec.  2.  (Not  di- 
rect.) Any  elector  offering  to  vote  at  any  caucus  or 
primary  meeting,  if  challenged,  is  required  to  take 
an  oath  that  he  has  been  and  is  identified  with  the 
party  holding  the  caucus  or  primary  and  that  it  is 
his  intention  bona  fide  to  act  with  the  party  and  iden- 
tify himself  with  the  same  at  the  ensuing  election 
and  that  he  has  not  voted  at  any  primary  of  any  other 
political  party  whose  candidates  are  to  be  voted  for 
at  the  next  general  or  special  election. 

Nebraska. 

Making  the  right  of  an  elector  1o  participate  in  a  primary 
depend  upon  his  party  affiliations  is  a  legitimate  exercise  of 
legislative  power  and  does  not  conflict  with  the  fundamental 
law  guaranting  freedom  in  the  exercise  of  the  elective  fran- 
chise. State  v.  Drexel,  1005,  74  Neb.  77(5. 

Lawrs,  1907,  c.  52.  sees.  17-21.  Every  qualified 
elector  desiring  to  vote  at  a  primary  election  is  re- 
quired to  state  to  the  judges  of  the  primary  the  politi- 
cal party  with  which  he  affiliates.  If  challenged,  the 
elector  is  required  to  take  an  oath  that  politically  he 
affiliates  with  the  -  -  party  and  that  he  intends  to 
support  the  candidates  of  that  party  at  the  coming 
election.  The  party  affiliation  of  each  voter  at  a 
primary  is  to  be  noted  on  the  poll  book. 

Provision  is  also  made  for  a  system  of  registration 
of  party  affiliation.  The  supervisor  of  regular  regis- 


1  A  direct  primary  law  enacted  in   1905.  <•.  09.  was  repealed  by  C.  55, 
Laws  of  1007. 


28  PRIMARY  ELECTWXH 

trations  is  required  to  record  the  party  affiliation 
given  by  each  elector  applying  to  be  registered.  The 
city  clerk  of  each  city  wherein  a  registration  of  voters 
is  required  by  law  is  required  to  compile  an  alpha- 
betical list  of  the  voters  of  each  of  the  political 
parties  in  each  precinct  in  the  city  and  within  five 
days  after  each  day  of  registration  he  must  furnish 
the  chairman  or  secretary  of  each  political  committee 
of  his  city  and  count}'  a  certified  copy  of  such  lists 
and  also  keep  the  same  accessible  for  public  inspec- 
tion. He  must  also  on  the  day  of  the  primary  fur- 
nish to  the  officers  of  the  primary  election  in  each 
precinct  a  certified  copy  of  such  lists  for  the  purpose 
of  determining  whether  or  not  any  person  who  de- 
sires to  vote  at  such  primary  was  registered  at  the  last 
registration  as  affiliating  with  the  party  the  ballot  of 
which  he  desires  to  vote  at  such  primary. 

Nevada.  Cutting's  Comp.  Laws,  1861-1900,  sees. 
1678-85.  (Not  direct.)  The  test  of  party  affiliation 
is  prescribed  by  the  party  authorities. 

AVzc-  Hampshire.  Laws,  1905,  c.  93.  (Not  di- 
rect.) The  check  list  of  party  voters  for  use  at  any 
caucus  is  to  be  prepared  by  the  local  executive  com- 
mittee of  the  party  holding  the  caucus  and  no  person 
is  to  be  permitted  to  vote  unless  his  name  is  on  the 
check  list.  Any  person  offerng  to  vote,  if  challenged, 
must  subscribe  to  an  oath  that  he  intends  to  vote 
the  ticket  of  the  party  holding  the  caucus  at  the 
next  ensuing  election.  After  the  caucus  the  presiding 
officer  is  to  file  the  check  list  with  the  city  or  town 
clerk  and  the  clerk  is  to  keep  the  list  in  his  office 


PRIMARY  ELECTIONS  29 

open  to  public  inspection  for  a  period  of  two  months 
thereafter. 

New  Jersey.  Laws,  1898,  c.  139,  as  amend,  by 
Laws,  1903,  c.  248,  as  amend,  by  Laws,  1906,  c.  235. 
Separate  tickets  are  provided  for  the  different  politi- 
cal parties.  Any  person  offering  to  vote,  if  chal- 
lenged, is  required  to  swear  or  affirm  that  he  is  a 
member  of  the  -  -  party;  that. at  the  last  election 
for  members  of  the  General  Assembly  at  which  he 
voted,  he  voted  for  a  majority  of  the  candidates  of 
the  party  and  that  he  intends  to  support  the  candi- 
dates of  the  party  at  the  ensuing  election.  Voters 
voting  for  the  first  time  need  not  declare  previous 
affiliation.  Any  elector  voting  with  one  political 
party  at  a  primary  election  is  not  to  be  permitted  to 
vote  with  any  other  political  party  at  the  next  suc- 
ceeding primary  election. 

The  board  of  registry  and  election  are  required  to 
indicate  the  party  affiliation  of  each  elector  voting  at 
the  primary. 

The  right  1o  vote  a  secret  ballot  is  neither  a  natural  right 
nor  a  constitutional  right:  hence  a  legislative  provision  that  a 
voter  at  a  primary,  if  challenged,  shall  make  affidavit  that  at 
the  last  general  election  at  which  he  voted,  he  voted  for  a 
majority  of  the  candidates  of  (he  party  with  which  he  is  pro- 
posing to  ac(,  violates  no  constitutional  right  of  such  voter. 
Hopper  v.  Stack.  100H,  (5!)  X.  J.  L.  502. 

A  voter  may  erase  from  his  ba'lot  any  name  or  write  there- 
on the  name  of  any  person  for  whom  he  desires  to  vote  and 
there  is  nothing  in  the  general  object  of  the  laws  denying  the 
right  of  a  member  of  one  party  from  voting  for  a  member  of 
another  party  as  the  nominee  of  such  voter's  party.  Free- 
man v.  Board  of  Registry  and  Elections  of  Metuchen  (X.  ,.T.) 
1907.  <>7  At.  71:5. 


30  PRIMARY  ELECTIONS 

AVw  Mexico.- 

Xcw  York.  Laws,  1896,  c.  909,  sec.  53,  (Election 
Law).  Voters  at  primaries  in  addition  to  legal 
qualifications  must  possess  such  other  qualifications 
as  are  "authorized  by  the  regulations  and  usuages"  of 
the  political  party  or  independent  body  holding  the 
primary. 

The  regulations  of  the  party,  so  referred  to,  must  be  regu- 
larly adopted  by  the  County  Convention  or  by  a  committee 
duly  authorized  by  such  convention  and  the  requirements  as 
to  qualifications  cannot  be  in  conflict  with  the  provisions  of 
the  statute.  The  rules  cannot  be  such  as  will  exclude  a  mem- 
ber of  a  party  who  intends  to  vote  for  the  candidates  of  the 
party  at  the  next  election  nor  can  it  be  left  to  a  majority  or 
to  the  unanimous  vote  of  the  enrolling  board  to  say  whether 
or  not  a  man  may  enroll.  The  requirements  may  provide 
that  the  applicant  for  enrollment  must  qualify  under  oath 
but  if  he  does  so  qualify  he  must  be  enrolled  and  allowed  to 
vote  at  the  primary,  if  under  oath  he  makes  false  state- 
ments his  punishment  must  be  other  than  refusing  to  enroll 
him.  Brown  v.  Cole.  1007,  105  X.  V.  Supp.  11)6. 

Laws,  1898,  c.  179,  as  amend,  by  Laws,  1899,  c. 
473,  and  Laws,  1900,  c.  204:  and  c.  225 ;  Laws  1903, 
c.  Ill;  Laws,  1901,  c.  488;  Laws,  1905,  c.  674;  Laws, 
190(5,  c.  227,  and  Laws.  1907,  c.  744  (Primary  Elec- 
tion Law).  Also  see  Laws,  1902,  c.  195  as  amend, 
by  Laws,  1906,  c.  498  (Town  Enrollment  Act). 
Only  electors  who  are  duly  enrolled  as  party  mem- 
bers may  participate  in  the  primary  elections  of  their 
respective  parties.  At  the  time  of  enrollment  the 
elector  must  declare  that  he  is  "in  general  sympathy 
with  the  principles  of  the  party"  and  that  he  intends 
generally  to  support  the  nominees  of  such  party  at 

2  No  legislation  relating  to  test  of  party  affiliation  at  primary  elec- 
tions. 


PRIMARY  ELECTIONS  31 

the  next  general  election,  state  or  national,  and  that 
he  has  "not  enrolled  with  or  participated  in  any  pri- 
mary election  or  convention  of  any  other  party"  since 
the  first  day  of  the  preceding  year. 

After  the  final  meeting  for  registration  the  en- 
rollment box  is  to  be  delivered  to  the  custodian  of 
primary  records  and  the  enrollments  are  to  be  kept 
secret  until  after  the  next  general  election  when  the 
custodian  is  required  to  copy  the  party  affiliation  of 
each  elector  in  the  enrollment  books  for  the  election 
district  in  which  such  elector  resides  and  the  rec- 
ords are  then  to  be  thrown  open  for  public  inspec- 
tion. 

The  custodian  of  primary  records  is  also  required 
to  provide  duplicate  sets  of  enrollment  books  for  each 
party  to  which  the  act  is  applicable. 

Any  qualified  elector  offering  to  vote  is  required  to 
announce  the  party  with  which  he  is  affiliated  and  if 
he  is  found  to  be  duly  enrolled  as  a  member  of  such 
party  in  that  primary  district  the  Board  of  Inspectors 
are  required  to  deliver  to  him  the  ballots  of  his  party. 

Persons  who  have  voted  at  a  regular  Democratic  or  Repub- 
lican village  caucus  are  thereby  disqualified  to  vote  at  any 
village  caucus  held  by  a  different  political  paty.  In  re 
Freund,  1907,  10H  X.  Y.  Supp.  420. 

North  Carolina.  The  local  acts  which  established 
direct  primaries  for  separate  counties  or  for  groups 
of  counties  or  for  separate  cities  uniformly  provide 
for  some  test  of  party  affiliation  for  voters  at  primary 
elections.  Generally  the  test  is  prescribed  partly  by 
the  legislature  and  partly  by  the  party  authorities 
holding  the  primary.  Some  of  the  tests  require  the 


32  PRIMARY  ELECTIONS 

voter  to  declare  under  oath  that  he  will  abide  by  the 
result  of  the  primary.  In  certain  localities  the  law 
requires  party  registration  of  voters  under  regulations 
prescribed  by  the  party  organization. 

For  typical  local  acts  .see  Laws,  1901,  c.  524  (Mecklenburg 
Co.):  c.  752  (applies  to  the  counties  of:  Anson,  Cabarrus, 
Dare,  Durham,  Forsyth,  Granville,  Haywood,  Henderson, 
Johnston,  Northhampton,  Orange,  Pamlico,  Richmond,  Tyr- 
rell, Wake  and  Washington):  Laws,  1903,  c.  1215  and "793 
(Richmond  and  Henderson  Co's.);  Laws,  1905,  c.  146  (Craven 
Co.);  c.  200  (Buncombe  Co.  and  City  of  Ashville);  c.  575  (City 
of  Raleigh  and  Wake  Co.):  c.  795  and  837  (New  Hanover  Co. 
and  City  of  Wilmington):  Laws,  1907,  c.  110  (Union  and  Ons- 
low  Co's.):  c.  190  (Rowan  and  Camden  Co's.);  c.  247  (Buncombe 
Co.  and  Ashville  Twp.);  c.  374  (Robeson  Co.);  c.  399  (Scotland 
Co.):  c.  405  (Guilford  Co.  and  City  of  Greensboro):  c.  701 
(Columbus  Co.):  c.  920  (Counties  of  Anson,  Beaufort,  liladen, 
Columbus,  Davidson,  Durham,  Halifax,  Lenoir.  Madison, 
Martin,  Nash,  Onslow  and  Wake). 

North  Dakota.  Laws,  1907,  c.  109,  sec.  10.  It  is 
made  unlawful  for  any  person  to  call  for  or  vote  a 
ballot  at  a  primary  election,  except  the  ballot  represent- 
ing the  party  or  principle  with  which  he  affiliates,  and 
any  person  offering  to  vote,  if  challenged,  must  make 
affidavit  as  to  his  party  affiliations. 

Ohio.  Laws,  1908,  p.  214-225.  Any  person  of- 
fering to  vote  at  a  primary  may  be  challenged  on 
the  ground  that  he  has  not  previously  affiliated  with 
the  party  whose  ticket  he  desires  to  vote  and  affilia- 
tion is  to  be  determined  by  the  vote  of  the  elector 
making  application  to  vote  at  the  last  general  elec- 
tion held  in  even  numbered  years.  If  the  judges, 
of  the  party  to  which  the  person  asking  the  ticket 
claims  affiliation,  are  not  satisfied  that  he  is  a  legal 
voter  under  this  act  they  are  to  reject  his  vote.  Any 
one  attempting  to  vote  at  the  primary  election  of  any 


PK1MARY  ELECTIONS  33 

political  party,  other  than  the  political  party  with 
which  he  has  affiliated  as  above  defined,  is  to  be  fined 
not  less  than  $50.00  nor  more  than  $500.00,  or  to  be 
imprisoned  in  the  county  jail  not  less  than  three 
months  nor  more  than  six  months,  or  both. 

Oklahoma.  Laws,  1908,  p.  358-376.  Separate 
tickets  are  provided  for  the  different  political  parties. 
Any  qualified  elector  offering  to  vote  is  entitled  to  re- 
ceive the  party  ticket  he  desires  to  vote  upon  making 
request  therefor  of  the  primary  election  inspector. 

Oregon.  Laws,  1905,  c.  1  (adopted  by  initiative 
petition).  The  preamble  to  the  law  declares  that  "the 
members  of  every  political  party  and  voluntary  polit- 
ical organization  are  rightfully  entitled  to  know,  that 
every  person,  who  offers  to  take  any  part  in  the  af- 
fairs or  business  of  any  political  party  or  voluntary 
political  organization  in  the  state  is  in  good  faith  a 
member  of  such  party." 

A  system  of  party  registration  is  provided  for  and 
it  is  made  unlawful  for  any  elector  to  vote  or  to  offer 
to  vote  at  any  primary  unless  he  is  registered  as  a 
member  of  a  political  party. 

No  person  who  is  not  a  qualified  elector  and  a 
registered  member  of  a  party  making  its  nominations 
under  the  provisions  of  this  law  is  qualified  to  join  in 
signing  any  petition  for  nomination,  and  no  person 
is  qualified  to  sign  any  nominating  petition  of  any 
other  political  party  for  the  primary  than  that  with 
which  he  is  registered.  But  no  registered  member  of 
any  party  is  to  be  prevented  from  signing  a  petition 
for  the  nomination  of  any  independent  or  nonpartisan 


34  PK1MARY  ELECTIONS 

candidate  after  the  primary  nor  is  any  qualified  elec- 
tor to  be  prevented  from  signing  petitions  for  more 
than  one  candidate  for  the  same  office  on  one  party 
ticket. 

Every  qualified  elector  offering  to  vote  at  any  pri- 
mary is  to  be  given  a  ballot  of  the  political  party 
with  which  he  is  registered  as  a  member  and  he  is 
not  to  be  given  a  ballot  of  any  other  political  party 
provided  that  no  elector  is  to  be  deprived  of  the  right 
to  register  and  vote  at  any  primary  in  the  same  man- 
ner that  he  is  permitted  by  the  general  laws  to  regis- 
ter and  vote  at  a  general  election. 

If  challenged,  the  elector  is  required  to  take  an 
oath  that  he  is  in  good  faith  a  member  of  the  political 
party  with  which  he  is  registered. 

Pennsylvania.  Laws,  1900,  no.  10,  sec.  10.  Each 
elector  has  the  right  to  receive  a  ballot  of  the  party 
for  which  he  asks,  provided  that  if  he  is  challenged 
he  must  make  oath  or  affirmation  that  at  the  last  pre- 
ceding general  election  at  which  he  voted,  he  voted 
for  a  majority  of  the  candidates  of  the  party  for 
whose  ballot  he  asks. 

Rhode  Island.  Laws,  1902,  c.  1078,  sec.  8  (not 
direct).  (Applies  to  the  cities  of  Providence,  New- 
port, and  Pawtucket.)  In  addition  to  the  regulations 
prescribed  by  the  party  authorities,  the  law  requires 
that  the  voter  shall  not  have  taken  part  in  a  caucus 
or  voted  at  an  election  for  a  candidate  of  another 
party  within  fourteen  calendar  months. 
See  Attorney  Gen.  ex  rel.  Wood  v.  Rowe,  1905,  2?  R.  I.  360. 


PRIMARY  ELECTIONS  35 

South  Carolina.  Civ.  Code,  1902,  sees.  255-7  as 
amend,  by  Laws,  1905,  no.  409;  Civ.  Code,  sec.  258 
as  amend,  by  Laws,  1903,  no.  8 ;  Crim.  Code,  sec.  278 
as  amend,  by  Laws,  1903,  no.  73.  The  political  quali- 
fications for  voters  at  primary  elections  are  prescribed 
by  the  party  authorities.  The  law  requires  a  party 
registration  in  localities  having  a  prescribed  popula- 
tion. 

South  Dakota.  Laws,  1907,  c.  139,  sec.  33.  Any 
person  offering  to  vote  at  a,  primary,  if  challenged,  is 
required  to  swear  or  affirm  that  he  is  in  good  faith  a 
member  of  the  -  -  party  and  a  believer  in 

its  principles  as  declared  in  its  platform  at  the  last 
preceding  national  and  state  conventions  and  that  he 
intends  in  good  faith  to  support  the  principles  of  the 
party  and  the  candidates  nominated  by  it  at  the  pri- 
maries. 

This  provision  is  a  reasonable  regulation  and  does  not  pre- 
clude a  first  voter  from  joining  the  party  of  his  choice  nor 
prohibit  one  who  has  previously  voted  from  transferring  his 
party  allegiance,  nor  does  it  conflict  with  the  Constitution  in 
that  it  adds  to  the  qualification  of  electors  prescribed  by  the 
Constitution.  Morrow  v.  Wipe  (S.  D.),  1908,  115  X.  W.  '1121 . 

Tennessee.  Laws,  1901,  c.  12  and  c.  39  and  Laws, 
1907,  c.  422.  Qualifications  for  voters,  in  addition  to 
legal  requirements,  are  prescribed  by  the  party  authori- 
ties holding  the  primary. 

Texas.     Laws,    1905,    1st    Called    Sess.,    c.    11,    as 
amend,  by  Laws,  1907,  c.  177,  sec.  114  a.     The  fol- 
lowing test   of   party   affiliation   must   be   placed   on 
every  official  primary  ballot :     "I  am  a  - 
(inserting  name  of  the  political  party  or  organization 


36  PRIMARY  ELECTIONS 

of  which  the  voter  is  a  member)  and  pledge  myself 
to  support  the  nominees  of  this  primary." 

Utaii.  Laws,  1899,  c.  79,  sec.  2  (not  direct).  No 
person  is  entitled  to  vote  at  any  primary  election  un- 
less he  is  a  duly  qualified  voter  under  the  prescribed 
rules  and  regulations  of  the  political  party  holding 
the  primary. 

Vermont.  Laws,  1904,  no.  2  as  amend,  by  Laws, 
1900,  no.  1  (not  direct).  Provides  for  party  check 
lists  to  be  vised  for  determining  the  party  affiliation  of 
voters  at  caucuses.  No  person  may  vote  at  a  caucus 
unless  his  name  appears  on  the  party  list. 

Virginia.  Pollard's  Code,  1904,  sec.  1220.  Qualifi- 
cations for  electors  at  primary  elections  are  prescribed 
by  the  party  authorities. 

Washington.  Laws,  1907,  c.  209,  sees.  11  and  12. 
Separate  ballots  are  provided  for  the  several  political 
parties.  Every  qualified  elector  desiring  to  vote  at  a 
primary  has  the  right  to  receive  the  ballot  and  only  the 
ballot  of  the  party  for  which  he  asks.  In  case  he  is 
challenged  he  is  required  to  make  oath  or  affirmation 
that  he  intends  to  affiliate  with  the  party  and  that  he 
intends  generally  to  support  the  candidates  of  the 
party  at  the  ensuing  election. 

West  Virginia.  Code,  1906,  sec.  45.  (Laws,  1891, 
c.  67.)  (Not  direct.)  In  order  to  vote  at  a  party 
primary  the  elector  must  be  a  "known  recognized, 
theretofore  openly  declared  member  of  the  party." 

Wisconsin.  Laws,  1903,  c.  451.  An  Australian 
ballot  is  used  at  all  primaries.  This  ballot  is  made 
up  of  as  many  tickets  as  there  are  parties  entitled  to 


PRIMARY  ELECTIONS  37 

participate  in  the  primary  and  also  a  nonpartisan 
ticket  upon  which  are  printed  the  names  of  all  persons 
for  whom  nomination  papers  have  been  filed  and  who 
are  not  candidates  for  any  political  party.  In  voting, 
the  elector  detaches  the  ticket  he  intends  to  vote  and 
deposits  the  remaining  tickets  in  the  blank  ballot  box. 

To  prevent  electors  from  voting  for  more  than  one 
party  at  any  primary  the  law  provides  that  if  any 
elector  write  upon  his  ticket  the  name  of  any  person 
who  is  a  candidate  for  the  same  office  upon  some 
other  ticket  than  that  upon  which  his  name  is  so  writ- 
ten, this  ballot  is  to  be  counted  for  such  person  only 
as  a  candidate  of  the  party  upon  whose  ticket  his  name 
is  written  and  is  in  no  case  to  be  counted  for  such 
person  as  a  candidate  upon  any  other  ticket. 

Wyoming.  Rev.  St.,  1899,  sec.  223  as  amend,  by 
Laws,  1907,  c.  100,  sec.  1  (not  direct).  Any  person 
offering  to  vote  at  any  primary,  if  challenged  as  to 
his  political  faith,  is  required  to  make  a  sworn  state- 
ment showing  that  his  political  faith  is  in  accordance 
with  the  party  of  voters  holding  such  meeting. 


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